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Memorandum Opinion And Order
Pending are Defendant Christopher Smyth's (1) Sentencing Memorandum [ECF 139], filed August 15, 2024, and (2) Supplemental Sentencing Memorandum [ECF 148], filed December 9, 2024. Mr. Smyth objects to the Presentence Investigation Report's ("PSR") failure to recommend a downward departure under U.S.S.G. § 5K2.11.
Memorandum Opinion and Order
On October 25, 2024, the Court convened for sentencing. The Court imposed sentence but deferred judgment on the matter of restitution pending the parties’ briefing on the issue. The parties timely submitted their briefs without request for a hearing. [See ECF 73, 74].
Memorandum Opinion And Order
Pending before the court is a Joint Motion to Dismiss Relator’s First Amended Complaint, filed by Defendants Charleston Hospital, Inc., Herbert J. Thomas Memorial Hospital Association, THS Physicians Partners, Inc., Thomas Health System, Inc., and Brian Ulery (“Defendants”), [ECF No. 56]. Relator Liesa Kyer (“Relator”) responded, [ECF No. 60], and Defendants timely replied, [ECF No. 61]. For the reasons stated herein, Defendants’ Motion to Dismiss is GRANTED.
Memorandum Opinion And Order
Pending are Defendant Carl Thomas Mullins’ (1) Sentencing Memorandum [ECF 62], filed May 3, 2024, and (2) Supplemental Sentencing Memorandum [ECF 65], filed June 12, 2024. Mr. Mullins objects to the Presentence Investigation Report’s (“PSR”) application of U.S.S.G. § 2K2.1(a)(6)(A) in calculating his Base Offense Level.
Memorandum Opinion And Order
Pending are Defendant Tyler Sizemore’s Amended Motion to Dismiss and/or for Summary Judgment [Doc. 17], filed July 1, 2024, Motion to File Brief in Excess of Page Limit for Memorandum in Support [Doc. 18], filed July 1, 2024, Motion to Stay [Doc. 24], filed July 30, 2024, and Supplemental Motion [Doc. 38], filed October 1, 2024. Plaintiffs responded to the Amended Motion to Dismiss and/or for Summary Judgment on July 19, 2024, [Doc. 21], to which Mr. Sizemore replied on July 30, 2023, [Doc. 23]. The matters are ready for adjudication
MEMORANDUM OPINION AND ORDER
Pending is Defendant Donna Dean-Chrivia’s Motion to Dismiss with Prejudice the Third Amended Class Action Complaint [Doc. 1040], filed September 19, 2024, along with additional motions identified and adjudicated at the conclusion of this written opinion and order. Plaintiff Sabrina Eagle responded to the Motion to Dismiss on October 3, 2024, [Doc. 1076]. The matter is ready for adjudication.
Memorandum Opinion And Order
Pending is Defendants’ Justin L. Faris, Summers County Commission, and Summers County Sheriff’s Department Motion to Dismiss [ECF 11], filed February 21, 2024. Plaintiffs Dottie J. New and Ralph New (collectively “the News”) responded in opposition [ECF 13] on March 6, 2024, to which Defendants replied [ECF 14] on March 13, 2024
Memorandum Opinion And Order
Pending is Defendants West Virginia Division of Corrections and Rehabilitation (“WVDCR”), Aaron Johnson, Johan Radosevich, Ashley Toney, and Nicholas Burton’s(hereinafter, together “the WVDCR Defendants”) Motion to Strike Plaintiff’s Supplemental Rule 26(a)(2) Disclosures [Doc. 233], filed March 1, 2024.1 Plaintiff Miranda Dawn Smith, on behalf of the Estate of Alvis Ray Shrewsbury, responded on March 8, 2024 [Doc. 241], to which the WVDCR Defendants replied on March 18, 2024 [Doc. 247]. The matter is ready for adjudication.
ORDER
Pending before the court is Defendants' Motion to Dismiss the Plaintiffs First Amended Complaint, filed by Defendants Charleston Hospital, Inc., Herbert J. Thomas Memorial Hospital Association, THS Physicians Partners, Inc., Thomas Health System, Inc., and Brian Ulery ("Defendants"). [ECF No. 56]. Plaintiff Relator Liesa Kyer ("Relator") responded, [ECF No. 60], and Defendants timely replied, [ECF No. 61].
Memorandum Opinion and Order
Pending is Defendant Kenyata E. Smith’s Letter-Form Motion to Seal or Expunge
Record [Doc. 27], filed August 8, 2022.
Ms. Smith seeks expungement of her misdemeanor criminal conviction solely on
equitable grounds, namely that the conviction’s appearance in the National Instant Criminal
Background Check System (“NCIS”) report is interfering with her ability to obtain employment...